Dinesh Mishra vs State of Uttar Pradesh and 5 Others

Neutral Citation No. - 2025:AHC:130391

Court No. - 32

Case :- WRIT - A No. - 10960 of 2025

Petitioner :- Dinesh Mishra Respondent :- State Of Uttar Pradesh And 5 Others Counsel for Petitioner :- Dilip Kumar Sharma,Sanjay Kumar Tripathi,Santosh Yadav,Shivendra Tripathi Counsel for Respondent :- C.S.C.

¶5

Hon'ble Chandra Dhari Singh,J.

¶6

The instant writ petition has been filed for the following reliefs:-

¶7

"(i) Issue a writ, order or direction in the nature of CERTIORARI quashing the impugned relieving order No. SSGKP/Pers/DM/122 (Annexure No.6) dated 21.11.2024 and letter No. SSGKP/409/RTI/Est/349 (Annexure No.7) dated 24.05.2025 issued by Respondent No.6/Principal, U.P. Sainik School Gorakhpur (Annexure No.12) and further quash the impugned order No.03 (1)/15-1-2025-2(70)/2025 dated 22.01.2025 passed by Respondent No.01/Additional Chief Secretary, Department of Secondary Education, Navin Bhawan Sachivalaya Lucknow (Annexure No.11).

¶8

(ii) Issue a or direction in the writ, order on nature of mandamus directing the Respondent No.6 to permit the petitioner to function as Office Superintendent in U.P. Sainik School, Gorakhpur and further direct to pay the petitioner arrears of salary as well as all the consequential benefits forthwith. "

¶9

After some length of argument, learned counsel appearing on behalf of petitioner on instructions submitted that he is not pressing the petition on merits and made innocuous prayer to represent his case before respondent no.6 by way of filing a detailed representation and also prayed that respondent no.6 may be directed to pass appropriate and reasoned order on the same expeditiously, after giving opportunity of hearing to the petitioner.

¶10

Per contra, Sri Dhananjay Singh, learned counsel appearing on behalf of respondent no.6 vehemently opposed the instant petition on merits but he has no objection to the innocuous prayer made by learned counsel for the petitioner.

¶11

Heard learned counsel for the petitioner, Santosh Kumar, learned Standing Counsel for the State-respondents and Sri Dhananjay Singh, learned counsel appearing on behalf of respondent no.6 and perused the contents made in the writ

¶12

petition.

¶13

5.Taking into consideration the innocuous prayer made by learned counsel for the petitioner and no objection from other side, without entering into the merits of the case, I am inclined to allow the innocuous prayer made by learned counsel for the petitioner.

¶14

Petitioner is directed to represent his case by way of detailed representation along with the present writ petition and certified copy of this order before respondent no.6 Principal, Sainik School Gorakhpur, Uttar Pradesh within 7 days. Thereafter, the respondent no.6 is directed to pass a detailed fresh and reasoned order in accordance with law after taking into consideration the contents made in the writ petition and giving opportunity of hearing to petitioner, expeditiously, preferably within a period of four weeks, without influencing from the impugned orders dated 21.11.2024 and 24.05.2025.

¶15

With the aforesaid observations/directions, the writ petition is disposed of.

¶16

Order Date :- 4.8.2025 AKT

¶17

(Chandra Dhari Singh,J.)

¶18

Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad

Dinesh Mishra v. State of Uttar Pradesh and 5 Others

Case brief

What is this about?

What did the court decide?

Dinesh Mishra v. State of Uttar Pradesh and 5 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Vinod Kumar Tripathi vs State of U.P. and 3 Others

Gargi Chauhan, Principal, Adarsh Kanya Inter College vs State of U.P. and 4 Others

Shiv Kumar vs State of U.P. and 4 Others

Kapil Dev Singh and 3 Others vs State of U.P. and 4 Others

C/M M.R.S. Education Institute of Paramedical Science vs State of Uttar Pradesh and 3 Others

C/M S.D. Singh Paramedical College vs State of Uttar Pradesh and 3 Others